Judge orders Horseshoe Bay Resort to release $195K to POA
A district court judge ordered Horseshoe Bay Resort to release money from its maintenance fund to the Horseshoes Bay Property Owners Association. File photo
A visiting district judge ordered Horseshoe Bay Resort to release about $195,000 in dues paid to its maintenance fund to the Horseshoe Bay Property Owners’ Association.
“The Court finds that Defendant Horseshoe Bay Maintenance Fund has withheld funds contractually owed to Plaintiff Horseshoe Bay (Property) Owners Association,” retired Judge Frank Griffin of the Brown County Court of Law wrote in his June 15 order.
Griffin denied additional injunctive relief sought by the POA, including $200,000 to $1 million in damages and full control of the maintenance fund.
The POA’s requests to have the resort provide an accurate list of all property owners and their lot numbers and monthly accounting of all deposits into the maintenance fund were also denied.
Horseshoe Bay POA President Donald Beeman was happy with the outcome.
“Our fiduciary duty is to work for the property owners,” he told DailyTrib.com. “The judge’s ruling was a win for the property owners.”
The ruling followed a May 16 hearing for a temporary restraining order against the resort in Horseshoe Bay Property Owners’ Association, Inc. v. Horseshoe Bay Resort Destination, Horseshoe Bay Resort Development, Horseshoe Bay Resort, LTD. The lawsuit was filed on May 6 in the 33rd Judicial District Court in Llano County. District Judge Allan Garrett recused himself, which led to Griffin’s appointment as a visiting judge.
In the suit, POA officials claim the resort failed to follow its contractual obligation to deliver property owner dues collected by the resort’s maintenance fund to the Horseshoe Bay POA.
Horseshoe Bay Resort is responsible for collecting dues and allocating the money to the POA for landscaping and other public improvements.
The suit backdropped a prior $1 million lawsuit filed by the resort against the POA in October 2023 for failing to follow contractual obligations. The resort dropped that suit in March after both parties failed to reach an agreement during court-ordered mediation in February.